Wilson v. Dollar General Corporation, et al., Case No. 4:14-cv-00033 (W.D.Va. November 30, 2014). We wrote about Lamont Wilson’s termination from his job at Dollar General Corporation last year here. In that case, Mr. Wilson was permanently blind in one eye, and began to lose the sight in his other eye. He sought additional leave from […]
Tag: Discrimination based on disability
Sovereign Immunity is a Topic Best Left to Attorneys.
Teresa Hall Marsh v. Virginia Department of Transportation, No. 6:14-cv-00006 (W.D. Va. June 16, 2014)(Moon, J.) Plaintiff Teresa Hall Marsh worked for the Virginia Department of Transportation. Ms. Marsh complained of mold in the Lynchburg facility where she worked and complained about the effects of mold on her health. VDOT terminated Ms. Marsh’s employment and […]
If your temporary impairment is bad enough, it can be considered a disability.
Summers v. Altarum Institute, Corporation, No. 12-1645 (4th Cir. Jan. 23, 2014). Carl Summers’ job at Altarum Institute required that he travel to Maryland to serve one of Altarum’s clients. The client, the Defense Centers of Excellence for Psychological Health and Traumatic Brain Injury (“DCoE”), preferred that contractors work on site, but allowed them to […]
If you get fired because your health goes bad and you have to file for bankruptcy, you can still sue your employer over the firing. (Well, maybe.) But it doesn’t mean you’re going to win.
The ADA performs a number of laudatory functions, not the least of which is to protect disabled individuals from insidious discrimination by requiring employers to reasonably accommodate their disability. The law, however, cannot remedy every misfortune. It can only correct that which it prescribes to correct. Wilson v. Dollar General Corporation, ___ F.3d ___, 2013 […]
If you have epilepsy, your employer may be required to provide accommodations… IF you’re otherwise qualified for the job.
The Americans with Disabilities Act (“ADA”), as amended by the Americans with Disabilities Act Amendment Act (“ADAAA”), may provide protections for people with epilepsy. One of the protections mandated by the ADA is that covered employers must provide reasonable accommodations to qualified individuals with disabilities, so long as that the accommodations are not an undue […]
When your manager tells you, “They’re making me do this,” make sure to ask why they’re making her do this.
Laing v. Federal Express Corporation, 703 F.3d 713 (4th Cir. 2013). In Laing, the plaintiff lost her case in the trial court and on appeal. Both courts applied a legal standard whereby all facts had to be viewed and all reasonable inferences had to be drawn in the light most favorable to the plaintiff. The plaintiff described […]
You can treat pregnant employees badly, so long as you treat all your employees badly.
Young v. UPS, ___ F.3d ____, No. 11-2078 (4th Cir. Jan. 9, 2013). Peggy Young began working at UPS in 1999. From 2006 until the end of her employment with UPS, she worked as a part-time, early morning driver. In July of 2006, Young requested and received a leave of absence so that she could undergo in […]
